HEERA LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant-Dr. Heera Lal has been sentenced to death under S. 302 of the Indian Penal Code for committing the murder of his wife and three minor children in the early hours of morning of 26-1-1999 at his in-laws House No. C-33/278, B2 Chandau Chhittupur, Varanasi city within the area of police station, Sigra, Varanasi. By the impugned judgment dated 8-12-1999 Sessions Judge, Varanasi has found the appellant guilty under S. 302, I.P.C. as well as under S. 309, I.P.C. for making attempt to commit suicide. However, since the appellant has been sentenced to extreme penalty of death under S. 302, I.P.C. no separate sentence under S. 309, I.P.C. has been passed by the learned Sessions Judge.

(2.) Undisputedly, appellant was married to Smt. Suraj Kumari deceased about 14-15 years before the incident in question. Out of their wedlock three children, two daughters, namely, Km. Sajal aged about 11 years and Km. Priya aged about 8 years and one son Prince aged about 6 years were born. According to the prosecution case as revealed from the evidence on record appellant with his family was residing in village Kishanpura district Ballia. One of appellant's-daughter however, used to live with the parents of Smt. Suraj Kumar in the house where the incident occurred. Appellant was in debt of about Rs. 10 lacs. On the preceding day of incident, appellant with his wife and the other two children had come to his in-law's place. Appellant with his wife and all his three children including the girl who was staying at his in-law's place went to sleep in the outer most room of the house. At about 5 in the morning of 26-1-1999 Sachchidanand P.W. 1, brother of Suraj Kumar, Suman Kumari, P.W. 2, Sister of deceased-Suraj Kumar and Lata Devi, P.W. 3, wife of Sachchidanand P.W. 1 woke up on hearing shrieks and cries of appellant's-children emanating from the room where the appellant and his family were sleeping. They all went to the said room and found the same locked from inside. Sachchidanand gave a push at the door and saw from the slit of the door that appellant was having a sickel (hasiya) in his hand and he was assaulting his children. Smt. Lata Devi, P.W. 3, wife of Sachchidanand then opened the outer door and witnesses then came into the verandah. They peeped through his window of the room and saw that head of Suraj Kumar was lying chopped off, eldest daughter was also lying in a pool of blood and the other two children were still alive and were being assaulted by appellant with Hasiva. They also sustained injuries and fell on the ground. Witnesses raised cries. Appellant after assaulting his wife and three children also inflicted Hasiya blows on his own neck, legs and thighs. An electric bulb was throwing light in the room. In spite of request made by the witnesses appellant did not open the door. Smt. Lata Devi and Suman Kumari shouted for help whereupon many persons from neighbourhood collected and with their help door of the room where the incident had occurred was got opened. They found Smt. Suraj Kumar and the three children dead whereas appellant was lying injured and was crying in pain. When asked as to what had happened, appellant told the witnesses that since he was in debt of Rs. 10 lacs therefore, he wanted to finish himself and his entire family.

(3.) Appellant was then soon removed to Kabir Chaura Hospital where his injuries were examined by Dr. Arvind Kumar P.W. 9 at 6.50 a.m. on the same day. Following injuries were found on the person of appellant.1. Incised wound 8 cm. x 2 cm. x bone deep on front of left leg lower part.2. Incised wound 6 cm. x 1/2 cm. x muscle deep front of left leg lower part 1 cm. above injury No. 1.3. Incised wound 9 cm. x 3 cm. x muscle deep on front of left thigh middle part.